Divorce Lawyer

If we talk about being financially secured or being financially depended on father, brother, or husband the women has face a lot of difficulties to reach to a level of secured Financial Independence they do face hardships in to gain that financial stability. To make some amends in the entire situation and with idea of leveling this situation completely that the “Hindu Succession Act 1956” was amended in 2005, which made daughters to get an equal share in the ancestral property.

1. IF THE PROPERTY IS ANCESTRAL

 Under the Hindu Law the property is bifurcated into two types-

a) Ancestral   b) Self Acquired

Ancestral property is the one that is inherited upto four generations of male and has been undivided throughout this period. For descendants, be it son or daughter an equal share in property is given to them by birth itself. Before 2005 only sons had the right to have the share in the property. So according to the law the father cannot will such property to anyone he wants to, and the father can deprive a daughter of her share in the property. By birth the daughter has the share in the ancestral property.

2. IF THE PROPERTY IS SELF ACQUIRED BY THE FATHER

In the case of a self acquired property, that is when the father has bought a piece of land or made a house with his own money, and if the daughter doesn’t have a strong economical ground the father in this case has the right to gift the property to his daughter because her weak economical status and he can also will it to anyone he wants, in this case the daughter will not be able to raise an objection.

3. IF FATHER’S DIES INTESATE

In this case, if the father dies intestate this is without leaving a will in such case all the legal heirs have an equal right in the property. The Hindu  Succession Act categorises a male’s heirs in four classes the inheritable property goes to the class 1 heirs. Class 1 heirs are inclusive of widows, daughters, and sons among the other members. Each heir can be given only one part of the property, which means that as a daughter you have a right of a single share in your father’s property.

4. IF DAUGHTER IS MARRIED

Before 2005, The Hindu Succession Act it considered daughters only as the member of the Hindu Undivided Family (HUF) and not coparceners ( a term used in matters of hindu succession law and this term is used for a person assumes a legal right in his ancestral property by birth). They should be concluding of  the lineal descendants of a common ancestor , where the first four generations have the right over the ancestral and self acquired property. But when the daughter gets married she will not be considered as a member of Hindu Undivided Family (HUF). After the 2005 amendment, the daughter has been considered as a coparceners and now her martial status will make no difference to get her right over her father’s property.

5. IF DAUGHTER WAS BORN OR FATHER DIED BEFORE 2005

It doesn’t matter if the daughter was born before or after September 9th 2005, when the amendment to act was made. She will still have the same rights as the son to her father’s property be it ancestral or self acquired the matter of her birth date is not an issue to get her proper rights in the property. But on the flip side the father has to be alive on September 9th 2005 in order to let the daughter take over or claim her father’s property. But if the father died before the date of the amendment of the act then the daughter will have no right in the property be it ancestral or self acquired in such cases the property will be distributed according to father’s will.

Leave a Reply

Your email address will not be published. Required fields are marked *